Standard Interpretations - (Archived) Table of Contents|
| Standard Number:||1910.309|
August 21, 1978
Dean G. Kratz, Attorney
McGrath, North, O'Malley,
Kratz, Dwyer, O'Leary &
300 Continental Building
Omaha, Nebraska 68102
Dear Mr. Kratz:
This is in response to your letter dated July 12, 1978, requesting a permanent variance from section 1910.309(a), Article 502-6(b) National Electrical Code, of the Occupational Safety and Health Standards. Your letter was forwarded to this office to determine if the standard applies in the situation described in your application.
29 CFR 1910.309(a) could be used as supporting material in a section 5(a)(1) violation of the Occupational Safety and Health Act of 1970 in circumstances where a locomotive with electrical switches, not properly enclosed, used in grain elevator loading or unloading areas that produce grain dust. However, it appears that if the administrative controls are implemented, as indicated in your variance application for the locomotive, a variance is unnecessary.
For information, I have enclosed a copy of a memorandum to our field staff dated May 19, 1978.
If I may be of any further assistance, please feel free to contact me.
John K. Barto, Chief
Division of Occupational
|Standard Interpretations - (Archived) Table of Contents|
The Department of Labor does not endorse, takes no responsibility for, and exercises no control over the linked organization or its views, or contents, nor does it vouch for the accuracy or accessibility of the information contained on the destination server. The Department of Labor also cannot authorize the use of copyrighted materials contained in linked Web sites. Users must request such authorization from the sponsor of the linked Web site. Thank you for visiting our site. Please click the button below to continue.